Felony Sentences in State Courts 1994 - January 1995

By Patrick A. Langan, Ph.D. and Jodi M. Brown BJS Statisticians In 1994 State courts convicted over 870,000 adults of a felony. Forty-five percent of convicted felons were sentenced to a State prison, and 26% were sentenced to a local jail (usually for a year or less). The remaining 29% were sentenced to straight probation with no jail or prison time to serve. These findings come from a survey that is done every 2 years and that provides the only detailed description of the sentences felons receive in State courts nationwide. National Judicial Reporting Program The National Judicial Reporting Program (NJRP) compiles detailed information on the sentences and characteristics of convicted felons. Previous surveys of felony sentencing in State courts were conducted in 1986, 1988, 1990, and 1992.1 Bureau of Justice Statistics Bulletin State courts convicted 872,217 adults of a felony in 1994. The decline in the number of convicttion from 1992 (893,630 convictioons to 1994 (872,217 convictions) reverses the upward trend after 1988. In 1994 the average time from arrest to sentencing was just under 6½ months, indicating that despite the increased volume of work, courts actually processed cases a little faster in 1994 (872,217 cases) than they did in 1988 (667,366 cases), when the typical convicted felon was sentenced 7 months after arrest. The proportion of felons sentenced to incarceration or probation in 1994 was generally unchanged from 1988. Prison sentences accounted for just under half of felony sentences in both years. Drug traffickers (19%) and drug possessors (12.5%) together made up 31.4% of felons convicted in State courts in 1994. Violent offenders ¾ consisting of murderers (1.4%), rapisst (2.3%), robbers (5.3%), assaulteer (7.5%), and others convicted of a violent crime (2.4%) ¾ made up 18.9%. Burglars (11.2%) and larceniist (13%) made up most of the rest. State courts sentenced 45% of convicted felons to a State prison, 26% to a local jail, and 29% to straight probation with no jail or prison time to serve. Felons sentenced to a State prison in 1994 had an average sentence of 6 years but were likely to serve roughly a third of that sentence ¾ or about 2 years ¾ before release, assuming that 1994 release policies continue in effect. The average sentence to local jail was 6 months. The average probatiio sentence was just over 3 years. In addition, a fine was imposed on 21% of convicted felons, restitution on 18%, community service on 7%, and treatment was ordered for 7%. Of the total number of convicted felons in 1994, 89% had pleaded guilty to their crime. The remaining 11% had been found guilty at trial. Nationally, of the felons convicted in 1994, 51% were white, 48% were black, and 1% were of other races. U.S. Department of Justice Office of Justice Programs Felony Sentences in State Courts, 1994 Highlights 1See Felony Sentences in State Courts, 1986, NCJ-115210, February 1989; Felony Sentences in State Courts, 1988, NCJ-126923, December 1990; Felony Sentences in State Courts, 1990, NCJ-140186, March 1993; and Felony Sentences in State Courts, 1992, NCJ-151167, January 1995. January 1997, NCJ-163391 Revised 7/26/99The 1994 survey was based on a sample of 300 counties selected to be nationally representative. All but 1 of the 300 were in the 1988, 1990, and 1992 surveys. The 300 include the District of Columbia and at least 1 county from every State except, by chance, Vermont. Among the 300 sampled counties, 1 sentenced no felons during 1994. The 1994 survey excluded Federal courts and those State or local courts that did not adjudicate adult felony cases. According to the BJS Federal Justice Statistics Program, Federal courts conviccte 44,170 persons of a felony in calendar year 1994.2 That number represents 5% of the combined State and Federal total number of felony convictions during 1994. The 1994 survey included only offennse that State penal codes defined as felonies. Felonies are widely defiine as crimes that have the potential of being punished by more than 1 year in prison. Felony conviction offenses A total of 872,200 persons were convicted of a felony in State courts in 1994, including 164,600 (or 18.9% of the total) for a violent felony; 275,200 (31.6%) for the property offennse of burglary, larceny, fraud, and forgery; 274,200 (31.4%) for drug offenses; and 31,000 (3.6%) for weapoon offenses (table 1). The remaining 127,200 (14.6%) consisted of persons convicted of nonviolent offenses such as receiving stolen property and escappin custody. Marijuana trafficking convictions were 1.8% of the convictiio total, and marijuana possession convictions were 1.3% of the total. Sentences for felonies In 1994, 71% of all convicted felons were sentenced to a period of confinemeen ¾ 45% to State prisons and 26% to local jails (table 2). Jail sentences are for short-term confinement (usually for a year or less) in a county or city facility, while prison sentences are for long-term confinement (usually for over a year) in a State facility. An estimated 29% of all convicted felons were sentenced to straight probation with no jail or prison time to serve. 2 Felony Sentences in State Courts, 1994 Table 1. Estimated number of felony convictions in State courts, 1994 Most serious conviction offense Felony convictions Number Percent All offenses 872,217 100.0% Violent offenses 164,583 18.9% Murder/manslaughter 12,007 1.4 Murder 8,924 1.0 Manslaughtera 3,083 .3 Rape 20,068 2.3 Robbery 46,028 5.3 Armed 13,319 1.5 Unarmed 14,801 1.7 Unspecified 17,907 2.1 Aggravated assault 65,174 7.5 Other violentb 21,307 2.4 Property offenses 275,198 31.6% Burglary 98,109 11.2 Residential 13,300 1.5 Nonresidential 34,152 3.9 Unspecified 50,657 5.8 Larceny 113,026 13.0 Motor vehicle theft 21,049 2.4 Other theftc 91,977 10.5 Fraud/forgeryd 64,063 7.3 Fraudd 28,268 3.2 Forgery 35,796 4.1 Drug offenses 274,245 31.4% Possession 108,815 12.5 Trafficking 165,430 19.0 Marijuana 15,931 1.8 Other 104,181 11.9 Unspecified 45,318 5.2 Weapons offenses 31,010 3.6% Other offensese 127,180 14.6% Note: Detail may not sum to total because of rounding. Data specifying the conviction offense were available for 872,217 cases. aManslaughter is defined as nonnegligent manslaughter only. A small number of cases were classified as nonnegligent manslaughter when it was unclear if the conviction offense was murder or nonneglligen manslaughter. bIncludes offenses such as negligent manslaugghter sexual assault, and kidnaping. cIncludes a small number of convictions with unspecified offenses. dIncludes embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism. 2In 1994 the State court in 1 county, Los Angeles, accouunte for nearly 48,000 felony convictions, more than in all the Nation's Federal courts combined. Table 2. Types of felony sentences imposed by State courts, by offense, 1994 Most serious conviction offense Percent of felons sentenced to ¾ Incarceration Total Total Prison Jail Probation All offenses 100% 71% 45% 26% 29% Violent offenses 100% 82% 62% 20% 18% Murdera 100 97 95 2 3 Rape 100 88 71 17 12 Robbery 100 88 77 11 12 Aggravated assault 100 75 48 27 25 Other violentb 100 75 45 30 25 Property offenses 100% 68% 42% 26% 32% Burglary 100 75 53 22 25 Larcenyc 100 66 38 28 34 Fraudd 100 60 32 28 40 Drug offenses 100% 69% 42% 27% 31% Possession 100 66 34 32 34 Trafficking 100 71 48 23 29 Weapons offenses 100% 69% 42% 27% 31% Other offensese 100% 66% 36% 30% 34% Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed ¾ prison being the most severe, followed by jail, then probation. Prison includes death sentences. Data on sentence type were available for 867,709 cases. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism.Sentence length An offender convicted of multiple offenses receives a sentence for each offense. If multiple prison sentences are imposed, the court then decides whether the convicted felon will serve the sentences concurrently (at the same time) or consecutively (one after another). For persons with consecutiiv sentences, the total time is the sum of the sentence lengths, and for persons with concurrent sentences, the total time is the same as the longees sentence. For persons convicted of a single offense, the total time refers simply to the sentence for that offense. Whenever an offender received a prisoo sentence range, such as 5 to 10 years, the total time refers to the maximum. For the Nation in 1994, the mean feloon sentence to incarceration (prison or jail) was 4 years and 1 month; the median was 2 years (table 3). Prison sentences In 1994 the mean length of sentences to State prison was almost 6 years; the median term was 4 years. The mean prison sentence for murder and nonneglligen manslaughter was 22½ years; the median was 25 years. Life sentences are rare among conviccte felons, whether measured as a percentage of all sentences (0.5%) or as a percentage just of prison sentennce (1.1%). Among persons conviccte of murder or nonnegligent manslaugghter 24% were sentenced to life in prison, and 2% were sentenced to death. Among persons convicted of murder or nonnegligent manslaughter and sentenced to prison, 25% were sentenced to life in prison, and 2% were sentenced to death. When consideerin those convicted of murder specifically (not including nonnegligent manslaughter), 31% were sentenced to life, and 2% were sentenced to death. Again, among those convicted of murder specifically and sentenced to prison, 32% were sentenced to life in prison, and 2% were sentenced to death.3 Life sentences in 1994 were ¾ Felony Sentences in State Courts, 1994 3 Life sentences as a percent of ¾ All sentences All prison sentences All offenses .5% 1.1% Murder 23.7 25.2 Rape 1.6 2.2 Robbery .9 1.1 Aggravated assault .2 .4 Other violent .4 .8 Burglary .2 .4 Larceny ----Fraud 0 0 Drug possession .1 .3 Drug trafficking .2 .3 Weapons .2 .3 Other ------Less than 0.05%. 3Not all persons convicted of murder were subject to the death penalty. Thirty-seven States authorized the death penalty in 1994. Within those 37, only certain types of murder were capital offenses. Table 3. Lengths of felony sentences imposed by State courts, by offense and type of sentence, 1994 Maximum sentence length (in months) for felons sentenced to ¾ Most serious conviction offense Incarceration Total Prison Jail Probation Mean All offenses 49 mo 71 mo 6 mo 40 mo Violent offenses 93 mo 118 mo 6 mo 45 mo Murdera 262 269 7 59 Rape 133 158 7 60 Robbery 104 116 9 51 Aggravated assault 54 79 6 42 Other violentb 47 70 6 43 Property offenses 39 mo 57 mo 6 mo 42 mo Burglary 52 69 7 47 Larcenyc 29 45 6 40 Fraudd 32 51 5 41 Drug offenses 40 mo 61 mo 6 mo 38 mo Possession 28 50 4 37 Trafficking 48 66 7 40 Weapons offenses 31 mo 47 mo 5 mo 32 mo Other offensese 26 mo 41 mo 5 mo 36 mo Median All offenses 24 mo 48 mo 4 mo 36 mo Violent offenses 60 mo 72 mo 6 mo 36 mo Murdera 300 300 6 60 Rape 84 120 6 48 Robbery 72 84 9 48 Aggravated assault 36 54 4 36 Other violentb 24 48 5 36 Property offenses 24 mo 42 mo 4 mo 36 mo Burglary 36 49 6 36 Larcenyc 16 36 4 36 Fraudd 23 36 3 36 Drug offenses 24 mo 48 mo 4 mo 30 mo Possession 12 36 3 24 Trafficking 36 48 6 36 Weapons offenses 18 mo 36 mo 4 mo 24 mo Other offensese 12 mo 30 mo 3 mo 30 mo Note: See note on table 2. Means exclude sentences to death or to life in prison. Sentence length data were available for 834,124 incarceraatio and probation sentences. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property. and vandalism.Jail and probation sentences Among felons who received a sentence to local jail in 1994, the mean sentence was 6 months, and the median was 4 months. Probation sentences had a mean length of just over 3 years and a median of 3 years. Estimated prison time to be served The amount of time felons actually serve in prison is typically a fraction of the total sentence received. Two primary reasons explain the differennc between sentences received and time served: In States that impose indeterminate sentences, a judge specifies the minimmu and/or maximum sentence length, but a parole board decides when the prisoner will actually be released. In most but not all States, prisoners gain early release through time credits that they receive automatically or that are granted them for good behavior or special achievements ¾ provisions that are intended to help correctional officials manage institutional populatiions For both types of sentence reduction, released offenders usually serve the remaining portion of their sentences under supervision in the community. To calculate time to be served by feloon sentenced in 1994, the fraction of their sentence they might reasonably be expected to serve was obtained from records of inmates released from prison in a recent year. Life sentences were excluded because it is not possibbl to specify the percentage served. The percentage of the sentence that released inmates had served was appllie to felons sentenced to prison in 1994. Based on data collected by BJS in its National Corrections Reporting Program, inmates released from prisoon in 1993 had served an average of 38% of their total sentence in prison (table 4). The percentage of sentence served ranged from a high of 54% for those convicted of rape to a low of 32% for those convicted of drug traffickking Applying these percentages to State prison sentences received in 1994, it is estimated that felons sentennce in 1994 would serve about 2¼ years, or 38% of their average 6-year prison sentence. Since life sentences are rare for most types of crimes, this method gives reasonnabl sound estimates of time to be served for most offenses (assuming prison release policies applicable to persons sentenced in 1994 are not markedly different from those governiin recent releases). However, life sentences are not rare for murder, though they are rare for nonnegligent manslaughter. Consequently, time to be served shown for “murder and nonneglligen manslaughter” perhaps substanttiall underestimates the amount of time all persons convicted of these offenses are likely to serve since the time only applies to persons not receiviin a life sentence. 4 Felony Sentences in State Courts, 1994 Table 4. Estimated time to be served in State prison, 1994 Most serious conviction offense Mean prison sentence Estimated perceen of sentence to be served in prisona Estimated time to be served in prisonb All offenses 71 mo 38% 27 mo Violent offenses 118 mo 46% 54 mo Murderc 269 47 127 Rape 158 54 85 Robbery 116 44 51 Aggravated assault 79 46 36 Other violentd 70 47 33 Property offenses 57 mo 36% 20 mo Burglary 69 35 24 Larcenye 45 37 17 Fraudf 51 33 17 Drug offenses 61 mo 33% 20 mo Possession 50 34 17 Trafficking 66 32 21 Weapons offenses 47 mo 45% 21 mo Other offensesg 41 mo 42% 17 mo Note: Means and sentence-served percentages exclude sentences to death or to life in prison. aPercentages are based on data from 222,526 persons released from State prisons in 1993 (National Corrections Reporting Program, 1993; tables 2-8 and 2-12). These percentages included credited jail time. bDerived by multiplying the percentage of sentence to be served by the mean sentence imposed. cIncludes nonnegligent manslaughter. dIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. eIncludes motor vehicle theft. fIncludes forgery and embezzlement. gComposed of nonviolent offenses such as receiving stolen property and vandalism.Convicted felon populations: Sex, race, and age In 1994 men comprised 48% of the adult U.S. population but 85% of persons convicted of a felony and 92% of persons convicted of a violent felony (table 5). Whites were 85% of the adult U.S. population but 51% of persons convicted of a felony and 48% of the persons convicted of a violent felony. Corresponding figures for blacks were 11% of the adult U.S. population but 48% of convicted felons and 51% of felons convicted of a Felony Sentences in State Courts, 1994 5 Using data from the NJRP and the FBI's Uniform Crime Reports (UCR) on offenses and arrests, the number of felony convictions in 1994 was compared with the number of crimes reported to police for offenses likely to be felonies and the number of arreest made for these crimes in 1994. These numbers are aggregates and should not be interpreted as represenntin the disposition of individual cases tracked across processing stages of the criminal justice system. In fact, a person arrested for a speciifi offense may be convicted of a different crime. Nevertheless, the comparisons illustrate the approximaat odds of conviction and a prison sentence, given an arrest for a felony. For example, the FBI reports that in 1994 about 18,387 adults were arrested for murder (including nonneglligen manslaughter). NJRP data show that 12,007 persons were convicted of murder and 11,282 murderers received a prison sentennce Together the data show that for every 100 persons arrested for murder in the United States in 1994, 65 were convicted of murder, and 61 were sentenced to prison for that offense. Corresponding figures for drug traffickers were 52 convictions and 25 prison sentences for every 100 arrests for drug trafficking. Felony convictions and sentences relative to the number of arrests, 1994 Table 5. Demographic characteristics of persons convicted of felonies by State courts, 1994 Percent of convicted felons Most serious Sex Race Age at sentencing conviction offense Total Male Female White Black Other 13-19 20-29 30-39 40-49 50-59 60+ Mean Median All offenses 100% 85% 15% 51% 48% 1% 10% 43% 31% 12% 3% 1% 30 yrs 29 yrs Violent offenses 100% 92% 8% 48% 51% 1% 14% 44% 27% 10% 3% 2% 29 yrs 27 yrs Murdera 100 89 11 37 62 1 18 45 22 10 4 1 28 25 Rape 100 97 3 64 35 1 7 34 33 16 6 4 34 32 Robbery 100 94 6 28 71 1 23 51 21 5 ----26 24 Aggravated assault 100 89 11 53 46 1 11 44 29 11 4 1 30 28 Other violentb 100 89 11 73 26 1 6 40 31 15 5 3 33 31 Property offenses 100% 81% 19% 59% 40% 1% 11% 44% 31% 11% 2% 1% 30 yrs 28 yrs Burglary 100 93 7 59 40 1 15 47 29 8 1 --28 26 Larcenyc 100 80 20 59 40 1 11 43 30 12 3 1 30 28 Fraudd 100 61 39 61 38 1 4 41 37 14 3 1 32 30 Drug offenses 100% 83% 17% 41% 59% --7% 43% 34% 12% 3% 1% 30 yrs 29 yrs Possession 100 81 19 46 53 1 7 41 37 12 2 1 31 30 Trafficking 100 84 16 37 63 --7 45 32 12 3 1 30 29 Weapons offenses 100% 95% 5% 37% 62% 1% 14% 50% 23% 9% 3% 1% 28 yrs 26 yrs Other offensese 100% 87% 13% 67% 31% 2% 6% 39% 36% 14% 4% 1% 32 yrs 31 yrs Note: Data on sex were available for 616,160 cases; on race, 490,838; and on age, 710,795. --Less than 0.5%. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaugghter sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism. Uniform Crime Reports Number of crimes reported to police For 100 arrests Number of adults arrested Number of felony convictions Number of felony convictions Number of felony sentences Number of felony sentences Offense Incarceration Prison Incarceration Prison Murder* 23,310 18,387 12,007 11,537 11,282 65 63 61 Robbery 618,820 117,157 46,028 40,284 35,339 39 34 30 Aggravated assault 1,119,950 462,309 65,174 48,856 31,562 14 11 7 Burglary 2,712,200 252,712 98,109 73,156 51,976 39 29 21 Motor vehicle theft 1,539,100 111,912 21,049 15,578 8,404 19 14 8 Drug trafficking ... 318,607 165,430 116,938 78,762 52 37 25 Note: The offenses selected have the greatest comparabiilit across reporting series and are widely defined across the States as felonies. The offense designations in convictiion and sentences came from the most serious offense. ...Data not available. *Includes nonnegligent manslaughter. Source of data on crime and arrests: Crime in the United States, 1994 (FBI, 1995).violent crime. The other races (Americca Indians, Alaska Natives, Asians, and Pacific Islanders) represented 4% of the U.S. population but 1% of conviccte felons and 1% of those conviccte of a violent crime. Persons in their twenties represented about 20% of the adult U.S. population but 43% of convicted felons. The mean or average age of felons was 30 years; the median was 29. Number of felony conviction offenses At time of sentencing, the vast majority of felons sentenced in 1994 (81%) were sentenced for a single felony offense (table 6). An estimated 14% were sentenced for two felony offensees and the remaining 5% were sentennce for three or more. The number of offenses totals about 1 million felony conviction offenses for which 872,200 felons were convicted and sentenced in 1994.4 The greater the number of felony conviction offenses, the more severe was the sentence. The likelihood of a prison sentence rose from 43% for those convicted of one felony to 52% for two felonies and 58% for three or more (table 7). 6 Felony Sentences in State Courts, 1994 Table 7. Convicted felons sentenced to prison by State courts, by number of conviction offenses, 1994 Most serious conviction offense Percent of convicted felons sentenced to prison with ¾ One felony conviction Two felony convictions Three or more felony convictions All offenses 43% 52% 58% Violent offenses 57% 69% 79% Murdera 93 97 98 Rape 68 71 82 Robbery 73 83 91 Aggravated assault 44 56 65 Other violentb 42 52 54 Property offenses 40% 46% 51% Burglary 52 53 63 Larcenyc 36 41 47 Fraudd 30 37 42 Drug offenses 41% 50% 48% Possession 34 40 26 Trafficking 46 53 54 Weapons offenses 40% 52% 43% Other offensese 36% 35% 44% Note: See note on table 2. Data on number of felony conviction offenses were available for 848,763 cases. Number of convictions pertains to current convictions, not past convictions. aIncludes nonnegligent manslaughter. Table 6. Number of offenses for felons convicted and sentenced in 1994 in State courts, by most serious felony conviction offense, 1994 Percent of convicted felons with ¾ Most serious conviction offense Total One felony conviction Two felony convictions Three or more feloon convicttion All offenses 100% 81% 14% 5% Violent offenses 100% 73% 19% 8% Murdera 100 66 22 12 Rape 100 68 19 13 Robbery 100 71 21 8 Aggravated assault 100 77 18 5 Other violentb 100 79 14 7 Property offenses 100% 79% 16% 5% Burglary 100 73 21 6 Larcenyc 100 86 11 3 Fraudd 100 74 17 9 Drug offenses 100% 84% 12% 4% Possession 100 91 7 2 Trafficking 100 79 16 5 Weapons offenses 100% 79% 16% 5% Other offensese 100% 89% 9% 2% Note: Data on number of convictions were available for 852,796 cases. Number of convictions pertains to current convictions, not past convictions. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving 4Note that the 1 million figure pertains to current convictioons not past convictions.Felony Sentences in State Courts, 1994 7 Trends in the United States: 1988 to 1994 Number of convictions Felony convicttion in State courts have fluctuatte over the years. The decline from 1992 to 1994 reverses the upward trend after 1988. 1988 667,366 1992 893,630 1990 829,344 1994 872,217 Likelihood of arrest leading to convictiio The likelihood of a felony arrest leading to a felony conviction is approxiimate by dividing the number of adult felony convictions in a year by the number of adult felony arrests that year. In 1994, for example, robbeer convictions totaled 46,028, and robbery arrests totaled 117,157, indicattin a likelihood of conviction of about 39% for robbery. Although the Nation’s annual arrest statistics do not distinguish felony from misdemeanor arrests, this method for estimating the likelihood of conviction from aggregate statistics is still valid for certain crimes ¾ such as robbery ¾ that are always or nearly always defined in State law as felonies. Conviction rates for these crimes have generally shown similar trends over time. Conviction rates rose from 1988 to 1992 and then fell slightly from 1992 to 1994. Case processing time Though 1994 had considerably more convictions than 1988, there were indications that courts were able to keep up with the increased workload. One measure of how well courts keep pace is the amount of time taken to dispose of a case. In 1988 the typical convicted felon was sentenced 7 months after being arrested. In 1994 it took just under 6½ months, indicating that, desppit the increased volume of work, courts actually processed cases a litttl faster in 1994 than they did in 1988. Guilty pleas An indirect measure of how well courts keep pace with a growing workload is the percentage of cases disposed by guilty plea. Since guilty pleas take less time than trials, a rising workload might exert pressure on prosecutors and judges to dispose of more cases by plea rather than trial. While that would help courts to keep pace, a check of the data did not uncover evidence of more guilty pleas. In 1988 guilty pleas accounted for 91% of all felony convictions, and trials accounted for the remaining 9%. Corresponding figures for 1994 were 89% guilty pleas and 11% trials. Guilty pleas are a declining rather than a rising percenntag of the total. Age of convicted felons The average age of the American population is risinng a trend reflected in the changing ages of convicted felons. Persons age 30 or older comprised 40% of persons convicted in 1988 but 47% in 1994. The median age of convicted felons was 27 years in 1988 but 29 years in 1994. A notable exception to the trend is the younger age of conviccte murderers. Teenagers accouunte for 10% of convicted murderers in 1988 but 18% in 1994. Race of convicted felons In 1988 blacks were 41% of persons conviccte of a felony. In 1994 they were 48%. Part of the increase is attributabbl to large numbers of persons convicted of drug trafficking, 63% of whom were black. Prison sentences The year 1994 was not significantly different from 1988 in terms of the overall percentage of convicted felons who received a senteenc of prison confinement (as oppoose to either jail confinement or probation): 44% in 1988 and 45% in 1994. Nevertheless, from 1988 to 1994 percentages of convicted felons with a prison sentence rose for four crime categories: murder, robbery, aggravated assault, and drug trafficking. Approximate likelihood of felony arrest leading to felony conviction 1988 1990 1992 1994 Murder 48% 55% 65% 65% Robbery 32 37 41 39 Aggravated assault 10 13 14 14 Burglary 33 38 41 39 Drug trafficking 39 53 55 52 Percent of convicted felons who received a prison sentence 1988 1990 1992 1994 All offenses 44% 46% 44% 45% Murder 91 91 93 95 Rape 69 67 68 71 Robbery 75 73 74 77 Aggravated assault 45 45 44 48 Burglary 54 54 52 53 Larceny 39 40 38 38 Drug trafficking 41 49 48 48 1988 1990 1992 1994 0 200,000 400,000 600,000 800,000 1,000,000 Number of felony convictions Prison Jail Probation0% 10% 20% 30% 40% 50% 1988 1990 1992 1994 Percent of convicted felons sentenced to prison, jail, or probation 0% 20% 40% 60% 80% 100% Percent of convicted felons who received a prison sentence, 1988 versus 1994 1988 1994 Murder Rape Robbery Aggravated assault Burglary Larceny Drug traffickingThe mean sentence to prison also increased from just over 5 years for those convicted of one felony to just under 8 years for those convicted of two or more (table 8). Method of conviction Of the 872,200 convicted felons, the vast majority ¾ nearly 773,400, represenntin 89% of those sentenced for a felony in 1994 ¾ pleaded guilty. The rest were found guilty either by a jury or by a judge in a bench trial (tables 9 and 10). Persons convicted of murder were the least likely to have pleaded guilty (58%) and the most likely to have been convicted by a jury (35%). Contrary to popular belief, however, neither murder nor violent crime generally accounts for most jury trials. Of all jury trial felony convictions in 1994, 45% (23,088 cases) were for violent crime; 55% (28,772 cases) were for nonviolent crime. The single felony category most frequently decidee by juries was aggravated assault (7,394 cases, or 14% of all jury convictioons) not murder (4,211 cases, or 8%). 8 Felony Sentences in State Courts, 1994 Table 8. Mean sentence lengths for felony sentences imposed, by the number and category of the convictiio offense, 1994 Most serious conviction offense Mean maximum sentence length (in months) for felons sentenced to ¾ Incarceration Total Prison Jail Probation One conviction offense All offenses 42 mo 64 mo 6 mo 39 mo Violent offenses 76 mo 102 mo 6 mo 45 mo Murdera 232 240 7 63 Rape 105 129 6 57 Robbery 88 101 9 50 Aggravated assault 43 67 6 41 Other violentb 44 67 6 43 Property offenses 36 mo 55 mo 6 mo 41 mo Burglary 50 67 7 46 Larcenyc 28 44 6 39 Fraudd 29 49 5 40 Drug offenses 38 mo 59 mo 6 mo 38 mo Possession 28 49 4 37 Trafficking 46 64 7 39 Weapons offenses 28 mo 43 mo 5 mo 33 mo Other offensese 25 mo 40 mo 5 mo 36 mo Two or more conviction offenses All offenses 70 mo 93 mo 6 mo 44 mo Violent offenses 129 mo 152 mo 7 mo 49 mo Murdera 325 330 8 37 Rape 184 207 8 71 Robbery 127 134 10 55 Aggravated assault 85 113 6 45 Other violentb 52 70 5 42 Property offenses 47 mo 64 mo 7 mo 47 mo Burglary 58 73 8 48 Larcenyc 37 54 6 48 Fraudd 37 55 5 46 Drug offenses 51 mo 69 mo 6 mo 42 mo Possession 33 58 4 37 Trafficking 56 72 7 44 Weapons offenses 43 mo 58 mo 6 mo 30 mo Other offensese 32 mo 53 mo 5 mo 41 mo Note: See note on tables 2 and 3. Means exclude sentences to death or life imprisonment. Sentence length data were available for 566,179 cases. The number of convictions pertains to current convictions, not past convictions. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. Table 9. Number of felony convictions in State courts, by offense and type of conviction, 1994 Number of felons convicted by ¾ Most serious conviction offense Trial Guilty plea Total Total Jury Bench All offenses 872,217 98,833 51,860 46,973 773,384 Violent offenses 164,584 33,258 23,088 10,170 131,326 Murdera 12,007 5,091 4,211 880 6,916 Rape 20,068 5,081 3,910 1,171 14,987 Robbery 46,028 6,742 4,303 2,439 39,286 Aggravated assault 65,174 11,560 7,394 4,166 53,614 Other violentb 21,307 4,784 3,270 1,514 16,523 Property offenses 275,198 26,971 13,175 13,796 248,227 Burglary 98,109 10,436 5,369 5,067 87,673 Larcenyc 113,026 11,050 4,819 6,231 101,976 Fraudd 64,063 5,485 2,987 2,498 58,578 Drug offenses 274,245 22,643 8,236 14,407 251,602 Possession 108,815 6,859 1,610 5,249 101,956 Trafficking 165,430 15,784 6,626 9,158 149,646 Weapons offenses 31,010 2,973 1,426 1,547 28,037 Other offensese 127,180 12,987 5,935 7,052 114,193 Note: Detail may not sum to total because of rounding. Data on type of conviction were available for 676,809 cases. Table figures include estimates for cases missing a designation on type of conviction. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism.Murderers convicted by a jury were the most likely to have received a life sentence (41%) or the death penalty (4%). Juries accounted for 35% of murder convictions but 59% of life and death sentences for murder.5 Case processing time Mean time from arrest to sentencing in 1994 was just over 6 months (table 11). Median time was slightly under 5 months. Jury trial cases took the most time ¾ 10 months on average from arrest to sentencing. Cases disposed by guilty plea took the least amount of time ¾ a little over 6 months on average. Additional penalties Besides being sentenced to incarceratiio or probation, 41% or more of conviccte felons also were ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other additional penalty (for example, undergo house arrest or appear periodically for drug testing). A fine was imposed on at least 21% of convicted felons (table 12). Conservative estimates of percentages for other penalties are 18% restitution, 7% some form of treatment, and 7% community service. Felony Sentences in State Courts, 1994 9 Type of conviction Type of sentence for murder or nonnegligent manslaughter Total Life Death Other Total 25% 2% 73% Trial 100 38 3 59 Jury 100 41 4 55 Bench 100 11 0 89 Guilty plea 100 17 1 Table 10. Offense of felons convicted in State courts, by type of conviction, 1994 Percent of felons convicted by ¾ Most serious conviction offense Trial Guilty plea Total Total Jury Bench All offenses 100% 11% 6% 5% 89% Violent offenses 100% 20% 14% 6% 80% Murdera 100 42 35 7 58 Rape 100 25 19 6 75 Robbery 100 15 10 5 85 Aggravated assault 100 18 11 7 82 Other violentb 100 22 15 7 78 Property offenses 100% 10% 5% 5% 90% Burglary 100 11 6 5 89 Larcenyc 100 10 4 6 90 Fraudd 100 9 5 4 91 Drug offenses 100% 8% 3% 5% 92% Possession 100 6 1 5 94 Trafficking 100 10 4 6 90 Weapons offenses 100% 10% 5% 5% 90% Other offensese 100% 10% 5% 5% 90% Note: Data on conviction type were available for 676,809 cases. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism. Table 11. Mean and median number of days between arrest and sentencing for felony cases disposed by State courts, 1994 Number of days between arrest and sentencing for cases disposed by ¾ Most serious conviction offense Trial Guilty plea Total Total Jury Bench Mean All offenses 190 days 269 days 302 days 257 days 190 days Violent offenses 226 days 290 days 311 days 266 days 219 days Murdera 344 380 378 405 316 Rape 245 316 306 355 225 Robbery 206 253 275 234 206 Aggravated assault 218 261 282 229 220 Other violentb 210 300 383 276 201 Property offenses 179 days 250 days 274 days 251 days 181 days Burglary 173 252 286 246 173 Larcenyc 177 239 231 246 179 Fraudd 193 285 357 280 193 Drug offenses 180 days 263 days 310 days 252 days 185 days Possession 165 239 294 237 166 Trafficking 192 278 315 263 197 Weapons offenses 180 days 270 days 303 days 240 days 182 days Other offensese 188 days 266 days 267 days 269 days 186 days Median All offenses 143 days 201 days 251 days 184 days 136 days Violent offenses 174 days 228 days 260 days 207 days 163 days Murdera 281 325 324 368 265 Rape 191 260 264 270 170 Robbery 170 199 238 178 165 Aggravated assault 168 184 197 169 157 Other violentb 161 242 371 227 143 Property offenses 132 days 177 days 239 days 173 days 128 days Burglary 130 182 248 168 126 Larcenyc 133 173 198 175 128 Fraudd 133 168 291 167 131 Drug offenses 138 days 189 days 232 days 183 days 133 days Possession 123 167 278 169 118 Trafficking 149 206 232 196 142 Weapons offenses 143 days 202 days 207 days 173 days 136 days Other offensese 132 days 208 days 240 days 212 days 127 days Note: Grand total includes all cases, whether or not conviction type was known. Data on time to dispose of felonies were available for 376,086 cases. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism. 5Juries seldom impose a sentence on those they convict. With rare exception, sentencing following a jury trial is the responsibility of the judge, not the jury. Revised 7/26/99Methodology Sampling Except for 1 county (replaced by anotthe county), the sample of 300 countiie drawn for the 1988 survey was also used in the 1994 survey. Every county in the Nation had a nonzero chance of being in the sample. In general, the more felony cases a county had, the more likely it was to be in the sample. The survey used a two-stage, stratified cluster sampling design. In the first stage the Nation's 3,109 counties or county equivalents were divided into 8 strata. Strata 1 and 2 consisted solely of the 75 largest counties in the United States as defined by the 1985 resident population. Strata 3 through 8 consisted of the remaining 3,034 counties. Because the 75 largest counties accooun for a disproportionately large amount of serious crime in the Nation, they were given a greater chance of being selected than the remaining counties. Stratum 1 consisted of the 19 counties with the largest number of felony convictions in 1985, plus 12 counties whose participation in the survey had been prearranged. Every county in stratum 1 was selected for the sample. Stratum 2 consisted of the 44 most populous counties that were not in stratum 1. The 44 were ordered by their number of felony convictions in 1985, and then approximately every other county was selected. Stratum 2 thus contributed 23 counties to the sample. Altogether, 54 out of the 75 largest counties were sampled. Data on 1985 felony convictions were obtained from a mail survey described in State Felony Courts and Felony Laws (NCJ-106273) and Census of State Felony Courts, 1985 (codebook for ICPSR 8667). The 54 sampled counties in the 1994 NJRP survey were the same 54 as in the 1986 and 1988 surveys. The 3,034 counties not among the 75 largest were placed into 6 strata defined by the total number of felony convictions in 1985 and then arrayed within stratum by region, and within region from largest to smallest on felony conviction totals. Sampling specifications for each stratum are given in appendix table 1 on page 16. The final sample thus included 246 counties from among the 3,034 countiie outside the 75 largest. One of the 246 did not participate. That county was then replaced by another in the same stratum. Case-level data were successfully obtained on convicted felons sentenced in 1994 from these 300 counties. (One of the 300 had no felony convictions during the survey period.) The 60 sampled counties in strata 1 and 3 were self-representing only, and their sampled cases therefore had a first-stage sampling weight of 1. The remaining 240 counties sampled from strata 2 and 4 through 8 were selected to represent their respective strata so that the felony conviction cases samplle had first-stage weights greater than 1. At the second stage of sampling, a systematic sample of felons sentenced for murder/nonnegligent manslaughter, rape, robbery, aggravated assault, burglary, felony larceny/motor vehicle theft, fraud/forgery/embezzlement, drug trafficking, drug possession, weapons offenses, and other offenses was selected from each county's official records. The total sample numbered 85,191 cases. Of these, 59,152 cases were in the 75 largest counties. Rates at which cases were sampled varied by stratum and crime type (appenndi table 2, page 16). In smaller counties every felony case was taken. In larger counties all murder cases and rape cases were typically included, but other offense categories were sampled. 10 Felony Sentences in State Courts, 1994 Table 12. Felons sentenced to an additional penalty by State courts, by offense, 1994 Percent of felons with an additional penalty of ¾ Most serious conviction offense Fine Restitution Treatment Community service Other All offenses 21% 18% 7% 7% 8% Violent offenses 16% 17% 6% 4% 6% Murdera 9 9 1 1 4 Rape 17 14 7 3 4 Robbery 12 13 2 2 4 Aggravated assault 19 20 8 5 6 Other violentb 23 20 12 8 12 Property offenses 19% 29% 5% 8% 7% Burglary 17 27 5 6 6 Larcenyc 20 26 5 8 9 Fraudd 21 38 5 10 7 Drug offenses 24% 11% 10% 6% 7% Possession 23 8 12 8 10 Trafficking 25 14 9 5 6 Weapons offenses 16% 9% 4% 6% 6% Other offensese 28% 14% 9% 10% 14% Note: Where the data indicated affirmatively that a particular additional penalty was imposed, the case was coded accordingly. Where the data did not indicate affirmatively or negatively, the case was treated as not having an additional penalty. These procedures provide a conservative estimate of the prevalence of additional penalties. Note also that a person receiving more than one kind of additional penalty appears under more than one table heading. Data on additional penalty were available for 872,217 cases. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of nonviolent offenses such as receiving stolen property and vandalism.Before the sample of cases was drawn, each felon sentenced in the sampled county in 1994 was placed into 1 of the 11 offense categories identified above. If the felon was conviccte of more than one felony offense, the offense category was the most seriiou offense. The hierarchy from most to least serious offense was murdeer rape, robbery, aggravated assault, burglary, drug trafficking, weapons, forgery/fraud/embezzlement, larceny/motor vehicle theft, drug possession, and all other felonies. The hierarchy was determined from an analysis of two factors that reflect how seriously the justice system treats different offennses the sentence length imposed and the time actually served in prison before release. In general, the higher the offense is in the hierarchy, the more serious it is in terms of the two factors. Sample selection procedures gave each sentenced felon a single chance to be in the sample. However, felons who appeared in court on more than 1 day for different offenses and received a sentence at each reappearance had more than a single chance. At the data analysis stage, cases were aggregated according to their offense designation at the time of sampling, with the single exception of "other violennt. "Other violent" is a category shown in the report's tables, but it was not a category at sampling. The "other violent" category was formed from the sampling category "other felonies." That is, after sampling, sampled cases designated "other felonies" were coded "violent," "nonviolent," or "not ascertainned, based on data available on them. Cases coded "not ascertained" were rare. For data analysis, cases coded "other violent" were removed from the "other felonies" category and shown separately in the report's tables. Sampling error NJRP data were obtained from a sample and not from a complete enumeration; consequently, they are subject to sampling error. A standard error, which is a measure of sampling error, is associated with each number in the report. In general, if the differennc between two numbers is at least twice the standard error of that differennc (the criterion used in this report), there is at least 95% confidence that the two numbers do in fact differ; that is, the apparent difference is not simply the result of surveying a sample rather than the entire population. National estimates of the number of convictions for individual crime categories and for the aggregate total had a coefficient of variation of 3%. Standard errors for each table in the report are on pages 12 through 15. Sources of data State courts were the source of NJRP data for about 85% of the 300 counties sampled. For other counties, sources included prosecutors' offices, sentenciin commissions, and statistical agenciies Individual-level NJRP records were obtained through a variety of collecctio methods, including magnetic tape (64% of the counties) and field collection (9%). Photocopies of official documents and survey questionnaires completed by court officials were additional data sources (27%). All data were collected by the U.S. Bureau of the Census. Targeted population The survey targeted and recorded initial sentences imposed in 1994. If a sentence was imposed on one date and then modified at a later date, the revision was ignored. The survey recorded sentences that were actually executed and excluded suspended sentences. Because the year of conviction was not a defining characteristic, some cases in the sample were of persons conviccte before 1994 but not sentenced until 1994. In a few counties where it was impractiica to target sentences in 1994, the target was felons convicted in 1994. Hence, in some of the cases the data pertain to sentences imposed after 1994. Crime definitions Murder and nonnegligent manslaugghter Murder is (1) intentionally causing the death of another person without extreme provocation or legal justification or (2) causing the death of another while committing or attempting to commit another crime. Nonnegligent (or voluntary) manslauughte is intentionally and without legal justification causing the death of another when acting under extreme provocation. The combined category of murder and nonnegligent manslauughte excludes involuntary or negligent manslaughter, conspiracies to commit murder, solicitation of murder, and attempted murder. Rape: forcible intercourse (vaginal, anal, or oral) with a female or male. Includes forcible sodomy or penetraatio with a foreign object (which are sometimes called "deviate sexual assault"); excludes statutory rape or any other nonforcible sexual acts with a minor or with someone unable to give legal or factual consent. Includes attempts. Robbery: the unlawful taking of property that is in the immediate possession of another, by force or the threat of force. Includes forcible purse Felony Sentences in State Courts, 1994 11snatching, but excludes nonforcible purse snatching, which is classified as larceny/theft. Includes attempts. Aggravated assault: (1) intentionally and without legal justification causing serious bodily injury, with or without a deadly weapon, or (2) using a deadly or dangerous weapon to threaten, attempt, or cause bodily injury, regardless of the degree of injury if any. Includes attempted murder, aggravated battery, felonious assault, and assault with a deadly weapon. Other violent: violent offenses excluding murder and nonnegligent manslaughter, rape, robbery, and aggravated assault. Includes offenses such as sexual assault, kidnaping, extortion, and negligent manslaughter. Includes attempts. Burglary: the unlawful entry of a fixed structure used for regular residence, industry, or business, with or without the use of force, to commit a felony or theft. Includes attempts. Larceny and motor vehicle theft: Larceny is the unlawful taking of property other than a motor vehicle from the possession of another, by stealth, without force or deceit. Incluude pocket picking, nonforcible purse snatching, shoplifting, and thefts from motor vehicles. Excludes receiving and/or reselling stolen property (fencing) and thefts through fraud or deceit. Includes attempts. Motor vehicle theft is the unlawful taking of a self-propelled road vehicle owned by another. Includes the theft of automobiles, trucks, and motorcyccles but not the theft of boats, aircraft, or farm equipment (classified as larceny/theft). Also includes receivinng possessing, stripping, transporting, and reselling stolen vehicles as well as unauthorized use of a vehicle (joyridinng) Includes attempts. Fraud, forgery, and embezzlement: using deceit or intentional misrepresenttatio to unlawfully deprive a person of his or her property or legal rights. Includes offenses such as check fraud, confidence game, counterfeiting, and credit card fraud. Includes attempts. Drug trafficking: includes manufacturring distributing, selling, smuggling, or "possession with intent to sell." Includes attempts. Drug possession: includes possession of an illegal drug, but excludes "possesssio with intent to sell." Includes attempts. Weapons offenses: the unlawful sale, distribution, manufacture, alteration, transportation, possession, or use of a deadly or dangerous weapon or accessory. Other felonies: all felony offenses not listed above. Includes receiving stolen property, driving while intoxicated or other traffic offenses, bribery, obstructing justice, escaping from custoody family offenses (such as child negleect contributing to the delinquency of a minor, nonpayment of child support), and nonviolent sexual offenses (such as statutory rape, incest, pornography offenses, pimping, prostitution). Incluude attempts. 12 Felony Sentences in State Courts, 1994 Estimate of 1 standard error for table 1 Error in felony convictions Most serious conviction offense Number Percent All offenses 24,809 Violent offenses 4,545 0.3% Murder/manslaughter 445 0.1 Murder 368 --Manslaughter 221 --Rape 992 0.1 Robbery 1,244 0.1 Armed 700 0.1 Unarmed 759 0.1 Unspecified 1,000 0.1 Aggravated assault 2,381 0.2 Other violent 1,290 0.1 Property offenses 8,477 0.4% Burglary 3,122 0.2 Residential 1,186 0.1 Nonresidential 2,191 0.2 Unspecified 2,752 0.3 Larceny 3,901 0.2 Motor vehicle theft 1,310 0.1 Other theft 3,233 0.2 Fraud/forgery 2,617 0.2 Fraud 1,748 0.2 Forgery 1,423 0.1 Drug offenses 8,381 0.5% Possession 4,960 0.4 Trafficking 4,561 0.4 Marijuana 1,245 0.1 Other 3,974 0.5 Unspecified 2,546 0.3 Weapons offenses 1,350 0.1% Other offenses 7,139 0.6% --Less than 0.05%. Estimate of 1 standard error for table 2 Error in percent of felons sentenced to ¾ Most serious conviction offense Incarceration Probattio Prison Jail All offenses 1.0% 1.2% 1.2% Violent offenses 1.0% 1.0% 0.7% Murder 0.6 0.3 0.4 Rape 1.5 1.5 0.9 Robbery 0.8 0.6 0.6 Aggravated 1.2 1.3 1.1 assault Other violent 2.0 2.3 1.6 Property offenses 1.2% 1.2% 1.3% Burglary 1.3 1.2 1.2 Larceny 1.2 1.3 1.5 Fraud 1.6 1.7 1.7 Drug offenses 1.1% 1.5% 1.2% Possession 1.2 2.1 1.8 Trafficking 1.1 1.3 1.1 Weapons offenses 1.1% 1.4% 1.7% Other offenses 1.9% 1.7% 2.3% Estimate of 1 standard error for table 3 Error in maximum senteenc length in months for felons sentenced to ¾ Most serious conviction offense Incarceration Pro-Prison Jail bation Mean All offenses 1.5 mo 0.3 mo 1.3 mo Violent offenses 2.8 mo 0.3 mo 1.5 mo Murder 10.1 0.8 4.4 Rape 6.5 0.4 3.1 Robbery 3.2 0.4 2.1 Aggravated assault 3.4 0.3 1.6 Other violent 4.2 0.5 2.0 Property offenses 1.5 mo 0.3 mo 1.5 mo Burglary 2.3 0.4 2.0 Larceny 1.4 0.3 1.7 Fraud 1.4 0.4 1.6 Drug offenses 1.7 mo 0.3 mo 1.4 mo Possession 2.1 0.2 2.1 Trafficking 1.9 0.4 1.2 Weapons offenses 1.4 mo 0.2 mo 1.3 mo Other offenses 1.6 mo 0.3 mo 1.6 moFelony Sentences in State Courts, 1994 13 Estimate of 1 standard error for table 5 Error in percent of convicted felons Most serious Sex Race Age at sentencing conviction offense Male Female White Black Other 13-19 20-29 30-39 40-49 50-59 60+ All offenses 0.7% 0.7% 1.4% 0.1% 0.3% 0.3% 0.2% 0.1% 0.1% 0.1% 0.1% Violent offenses 0.7% 0.7% 1.4% 0.1% 0.5% 0.5% 0.3% 0.2% 0.1% 0.2% 0.1% Murder 1.0 1.0 1.9 0.2 1.1 1.0 0.9 0.5 0.2 0.5 0.2 Rape 0.8 0.8 2.0 0.2 0.5 1.0 0.8 0.5 0.4 0.5 0.4 Robbery 0.4 0.4 1.3 0.1 1.0 0.7 0.3 0.1 0.1 0.1 0.1 Aggravated assault 0.9 0.9 1.8 0.2 0.7 0.9 0.4 0.5 0.1 0.5 0.1 Other violent 1.7 1.7 2.1 0.3 0.9 1.5 1.4 0.8 0.7 0.8 0.7 Property offenses 0.7% 0.7% 1.3% 0.1% 0.4% 0.5% 0.3% 0.1% 0.1% 0.1% 0.1% Burglary 0.6 0.6 1.6 0.2 0.8 0.7 0.4 0.2 0.1 0.2 0.1 Larceny 0.8 0.8 1.5 0.2 0.5 0.7 0.5 0.2 0.1 0.2 0.1 Fraud 1.0 1.0 1.5 0.1 0.3 0.7 0.5 0.3 0.1 0.3 0.1 Drug offenses 0.8% 0.8% 1.7% 0.1% 0.3% 0.5% 0.3% 0.2% 0.1% 0.2% 0.1% Possession 1.2 1.2 2.3 0.2 0.4 0.9 0.5 0.2 0.1 0.2 0.1 Trafficking 0.7 0.7 1.7 0.1 0.4 0.6 0.4 0.2 0.1 0.2 0.1 Weapons offenses 0.3% 0.3% 2.4% 0.2% 0.7% 0.7% 0.4% 0.2% 0.1% 0.2% 0.1% Other offenses 1.0% 1.0% 1.9% 0.4% 0.4% 0.8% 0.6% 0.3% 0.2% 0.3% 0.2% Estimate of 1 standard error for table 6 Most serious conviction offense Error in percent of convicted felons with ¾ One felony conviction Two felony convictions Three or more feloon convicttion All offenses 0.6% 0.4% 0.3% Violent offenses 0.8% 0.6% 0.4% Murder 1.6 1.2 1.0 Rape 2.0 1.3 1.1 Robbery 1.1 1.0 0.5 Aggravated assault 0.9 0.7 0.4 Other violent 1.8 1.2 1.2 Property offenses 0.8% 0.6% 0.4% Burglary 1.2 1.0 0.5 Larceny 0.8 0.7 0.3 Fraud 1.0 0.7 0.7 Drug offenses 0.7% 0.5% 0.4% Possession 0.7 0.5 0.4 Trafficking 0.9 0.7 0.4 Weapons offenses 1.1% 0.6% 0.9% Other offenses 0.8% 0.7% 0.3% Estimate of 1 standard error for table 7 Most serious conviction offense Error in percent of convicted felons sentenced to prison with ¾ One felony conviction Two felony convictions Three or more felony convictions All offenses 1.0% 1.4% 2.7% Violent offenses 1.0% 1.4% 2.0% Murder 0.9 0.5 0.6 Rape 1.9 3.2 2.6 Robbery 0.9 1.4 1.6 Aggravated assault 1.2 2.1 2.9 Other violent 2.0 4.7 8.0 Property offenses 1.2% 1.8% 2.5% Burglary 1.4 2.0 3.2 Larceny 1.2 2.6 5.3 Fraud 1.8 2.3 3.0 Drug offenses 1.6% 1.6% 3.2% Possession 1.2 3.1 6.7 Trafficking 1.2 1.7 4.3 Weapons offenses 1.1% 1.7% 8.1% Other offenses 1.9% 3.2% 5.9%14 Felony Sentences in State Courts, 1994 Estimate of 1 standard error for table 8 Most serious conviction offense Error in mean maximum sentence length (in months) for felons sentenced to ¾ Incarceration Prison Jail Probation One conviction offense All offenses 1.5 mo 0.2 mo 1.3 mo Violent offenses 2.4 mo 0.3 mo 1.5 mo Murder 9.9 1.0 4.9 Rape 7.0 0.4 3.3 Robbery 2.6 0.4 2.1 Aggravated assault 2.1 0.3 1.6 Other violent 4.7 0.6 2.1 Property offenses 1.7 mo 0.3 mo 1.6 mo Burglary 2.8 0.4 2.4 Larceny 1.3 0.3 1.7 Fraud 1.4 0.4 1.5 Drug offenses 1.8 mo 0.3 mo 1.4 mo Possession 2.1 0.2 2.1 Trafficking 2.0 0.4 1.1 Weapons offenses 1.3 mo 0.2 mo 1.0 mo Other offenses 1.7 mo 0.3 mo 1.7 mo Two or more convicctio offenses All offenses 2.9 mo 0.4 mo 2.2 mo Violent offenses 6.4 mo 0.5 mo 2.9 mo Murder 18.0 1.5 3.4 Rape 13.5 1.2 6.4 Robbery 7.2 1.2 5.9 Aggravated assault 9.5 0.6 3.2 Other violent 6.8 0.7 7.1 Property offenses 2.2 mo 0.5 mo 2.3 mo Burglary 2.9 0.9 2.4 Larceny 4.2 0.7 4.6 Fraud 2.6 0.4 3.4 Drug offenses 2.9 mo 0.5 mo 3.3 mo Possession 4.1 0.5 3.6 Trafficking 3.3 0.5 3.6 Weapons offenses 3.3 mo 0.5 mo 3.3 mo Other offenses 3.2 mo 0.7 mo 3.1 mo Estimate of 1 standard error for table 9 Error in number of felons convicted by ¾ Most serious conviction offense Trial Guilty plea Jury Bench All offenses 5,198 4,465 22,290 Violent offenses 1,463 901 3,758 Murder 199 74 316 Rape 410 120 732 Robbery 307 164 1,100 Aggravated assault 645 434 2,010 Other violent 492 338 900 Property offenses 2,338 1,988 7,925 Burglary 1,012 821 2,922 Larceny 864 873 3,462 Fraud 614 526 2,295 Drug offenses 860 926 6,940 Possession 200 300 3,946 Trafficking 736 721 4,066 Weapons offenses 154 61 1,189 Other offenses 818 911 6,025 Estimate of 1 standard error for table 10 Error in percent of felons convicted by ¾ Most serious conviction offense Trial Guilty plea Jury Bench All offenses 0.8% 0.7% 1.0% Violent offenses 1.0% 0.7% 1.2% Murder 1.6 0.8 1.8 Rape 2.3 0.8 2.2 Robbery 0.8 0.5 0.9 Aggravated assault 1.2 0.8 1.5 Other violent 2.7 2.0 3.0 Property offenses 1.1% 0.9% 1.4% Burglary 1.3 1.0 1.6 Larceny 1.0 1.0 1.4 Fraud 1.2 1.0 1.6 Drug offenses 0.4% 0.5% 0.7% Possession 0.3 0.4 0.6 Trafficking 0.5 0.6 0.8 Weapons offenses 0.6% 0.3% 0.8% Other offenses 0.9% 1.0% 1.3%Felony Sentences in State Courts, 1994 15 Estimate of 1 standard error for table 11 Error in number of days between arrest and sentencing for cases disposed by ¾ Most serious conviction offense Trial Guilty plea Total Total Jury Bench Mean All offenses 5 days 7 days 14 days 6 days 6 days Violent offenses 6 days 12 days days 17 days 15 days 7 days Murder 10 12 13 35 16 Rape 9 15 16 27 11 Robbery 6 13 17 19 8 Aggravated assault 9 22 34 15 12 Other violent 10 22 55 18 13 Property offenses 5 days 12 days 19 days 15 days 6 days Burglary 6 22 21 28 7 Larceny 6 12 31 14 7 Fraud 8 25 61 29 9 Drug offenses 6 days 18 days 29 days 24 days 7 days Possession 6 17 50 16 9 Trafficking 7 24 34 33 7 Weapons offenses 6 days 15 days 27 days 12 days 7 days Other offenses 6 days 12 days 28 days 16 days 8 days Estimate of 1 standard error for table 12 Error in percent of felons with an additional penalty of ¾ Most serious conviction offense Fine Restituttio Treatmeen Community service Other All offenses 1.1% 1.1% 0.6% 0.7% 1.5% Violent offenses 1.1% 1.2% 0.6% 0.4% 0.8% Murder 1.1 0.9 0.3 0.3 0.9 Rape 2.1 2.1 1.2 0.6 0.7 Robbery 0.7 0.8 0.3 0.3 0.7 Aggravated assault 1.2 1.6 0.8 0.6 0.9 Other violent 2.6 2.5 1.8 1.2 1.9 Property offenses 1.3% 1.4% 0.5% 0.8% 1.5% Burglary 1.3 1.4 0.5 0.8 1.3 Larceny 1.4 1.4 0.6 1.0 1.7 Fraud 1.9 2.0 0.6 0.9 1.5 Drug offenses 1.1% 1.0% 0.9% 0.6% 1.0% Possession 1.4 1.4 1.2 0.8 1.5 Trafficking 1.3 1.0 0.8 0.5 0.8 Weapons offenses 1.1% 1.1% 0.8% 0.9% 1.3% Other offenses 2.2% 1.3% 1.1% 1.3% 3.5% The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Bulletins present the first releeas of findings from permanent data collection programs. This Bulletin was written by Patrick A. Langan and Jodi M. Brown of the Bureau of Justice Statistics. Dorothhe Proctor assisted with verificatiion Rhonda C. Keith produced and Tom Hester edited the report. Marilyn Marbrook administered finna report production, assisted by Yvonne Boston and Jayne Robinson. Data collection and processing were done by the staff of the U.S. Bureau of the Census, including Latrice Brogsdale-Davis, Hugh Cameron, Victoria Campbell, Martha Greene, Martha Haselbush, and Henrietta Herrin, under the supervvisio of Stephanie Brown of the Governments Division; and includiin Jennifer Jones of the Field Division. January 1997, NCJ-163391Appendix table 1. NJRP first-stage sampling design, 1988-94 Stratum Total number of counties in stratum Defining characteristics of each county in this stratum Approximaat sampllin rate Number of counties sampled 1 31* a. 1 of 75 most populous counties in 1985 1 in 1 31 b. Largest volume of felony convictions in 1985 2 44 a. 1 of 75 most populous counties in 1985 1 in 2 23 b. Not in stratum 1 3 29H a. Not 1 of 75 most populous counties in 1985 1 in 1 29 b. 2,000 or more felony convictions in 1985 4 71 a. Not 1 of 75 most populous counties in 1985 1 in 2 34 b. 950-1,999 felony convictions in 1985 5 165 a. Not 1 of 75 most populous counties in 1985 1 in 4 38 b. 450-949 felony convictions in 1985 6 315 a. Not 1 of 75 most populous counties in 1985 1 in 8 39 b. 210-449 felony convictions in 1985 7 824 a. Not 1 of 75 most populous counties in 1985 1 in 16 50 b. 70-209 felony convictions in 1985 8 1,630 a. Not 1 of 75 most populous counties in 1985 1 in 29 56 b. 0-69 felony convictions in 1985 *Includes 12 counties whose participation had been prearranged. HIncludes 2 counties with an unknown number of convictions in 1985. Appendix table 2. NJRP second-stage sampling design, 1990-94 One in every ¾ Stratum Murdera Rape Robbery Aggravated assaultb Burglary Larcenyc Fraudd Drug possession Drug trafficking Weapons offenses Other offensese 1 2 2 6 4 8 9 4 11 12 2 9 2 1 1 3 2 4 4 2 6 6 1 4 3 8 5 14 11 28 28 14 38 32 6 30 4 4 2 6 5 13 13 7 18 15 3 16 5 1 1 3 2 6 6 3 8 7 1 7 6 1 1 1 1 3 3 1 4 4 1 4 7 1 1 1 1 1 1 1 1 1 1 1 8 1 1 1 1 1 1 1 1 1 1 1 aIncludes nonnegligent manslaughter. bIncludes attempted murder. cIncludes motor vehicle theft. dIncludes forgery and embezzlement. eComposed of violent offenses such as negligent manslaughter, sexual assault, and kidnaping; and includes nonviolent offenses such as receiving stolen property and vandalism.